FTC, Private Sector Lock Horns Over Consumer Data Protection

Feb.25.2015 — E-Commerce Times

Washington, D.C.-based partner and co-chair of the firm's Advertising & Product Risk Management Group, Christopher A. Cole, speaks to E-Commerce Times regarding recent Federal Trade Commission (FTC) data breaches. In the case of FTC v. Wyndham Worldwide, Wyndham is charged with violating the FTC Act by claims their privacy policy misrepresented the security measures the company had in place with a failure to safeguard personal information. Wyndham is fighting back, arguing the fundamental legal authorities the FTC relies on to protect consumer privacy. One of these authorities is the 'unfair practice' provision of the FTC Act which Cole says is an issue "that has ramifications far beyond data security, and it would be a major blow to the FTC if the court placed significant constraints on the FTC here."